Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: MarkB on June 29, 2019, 01:25:36 AM
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The Agenda in Dover for 6/30/19 (last day of session) has over 70 bills scheduled. One of these bills is SB107 with SA1. There are no other firearm related bills on the schedule, at this time. It looks like the session will, once more, go into the wee hours of the night.
SB107 with SA1 changes the Red Flag law by requiring "a preponderance of the evidence" to issue a civil gun relinquishment order from the Justice of the Peace Court. The current standard is "probable cause" for the relinquishment order to be issued. This means the Judge will need more viable proof before he issues the order than he does now.
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That's a good thing, but will probably never make it to the Guv's desk.
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SB107 has passed both the Senate (20-0-1) and the House (40-0-1) with only one absent and zero No's. Waiting on the Govenor's signature.
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Lets see how many of those democrats will vote to override when the Governor vetoes it.
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I found this on Statescape.com about Delaware.
"The governor must sign or veto legislation within 10 days after transmittal (excluding Sunday), or it becomes law without his/her signature. After session adjournment, the governor must act within 30 days of adjournment, or the legislation is pocket vetoed. The governor is given a certain degree of latitude in handling the normal late-session volume of bills. Also, the state Supreme Court recently decided that the session is officially adjourned only after the second year, giving the governor even more latitude."
Bold is by me.
This means that the Governor must sign or veto SB107 with SA1 within 10 days "after transmittal" or the bill will automatically become law because this session cannot be adjourned until the end of next year's session.
Just a note: There only 11 States that allow a "pocket veto", the rest do not.